SASHI KANT TODI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Indrajit Sinha, the learned counsel assisted by Mr. Ajay Sah, the learned vice counsel appearing on behalf of the petitioners, Mr. V.S. Sahay, the learned counsel appearing on behalf of the respondent State and Mr. S.K. Sharma, the learned counsel appearing on behalf of the O.P.No.2.

(2.) This petition has been filed for quashing of the entire criminal proceeding initiated against the petitioners in connection with Complaint Case No.230 of 2000, corresponding to T.R.No.823 of 2004 for the offences punishable under Sec. 417, 427, 120B of the Indian Penal Code including the order dtd. 20/8/2003 passed by the learned Judicial Magistrate, 1st Class at Chatra.

(3.) That the complainant is the registered owner of Tata truck bearing registration No.BR-13B-0021. The vehicle was purchased on 17/4/1997 through finance. At the time of purchase, the total consideration amount was Rs.4,97,701.00 and out of which the complainant paid Rs.1,51,000.00 and the rest amount was to be repaid in equal monthly installments. It is further alleged that till 8/7/2000 out of total consideration amount of Rs.4,97,701.00 the complainant had paid Rs.4,73,168.00 through cash or demand draft. It is further alleged that accused no.2 to 5 happens to be the agent of accused no.1, having impersonated themselves and took away the truck of the complainant along with the driver and conductor on the pretext that the said truck is being seized and is being taken with the help of police.